Last week the Supreme Court heard three days of oral arguments on the challenge by 26 states and several private plaintiffs to the constitutionality of the Affordable Care Act. Specifically, the plaintiffs argued that the ACA’s minimum coverage requirement – sometimes known as the “individual mandate” – was authorized neither by Congress’s Constitutional power to regulate interstate commerce, nor by its power to levy taxes. The state plaintiffs also argued that they were being unconstitutionally coerced to participate in the ACA’s Medicaid expansion.

Day One: Does the Tax Anti-Injunction Act Deprive the Court of jurisdiction to consider a challenge to the minimum coverage requirement until someone is actually penalized for violating the provision?.